The structure of logical, prescriptive and specialized legal norms
The subject of this article is the norms of contemporary Russian law. The purpose of the article is the author's vision of the problem concerning the structure of the norms of contemporary Russian law. The following tasks were solved to achieve this goal: 1) to show the importance of the struct...
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| Format: | Article |
| Language: | Russian |
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Dostoevsky Omsk State University
2021-07-01
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| Series: | Правоприменение |
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| Online Access: | https://enforcement.omsu.ru/jour/article/view/479 |
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| author | V. V. Kozhevnikov |
| author_facet | V. V. Kozhevnikov |
| author_sort | V. V. Kozhevnikov |
| collection | DOAJ |
| description | The subject of this article is the norms of contemporary Russian law. The purpose of the article is the author's vision of the problem concerning the structure of the norms of contemporary Russian law. The following tasks were solved to achieve this goal: 1) to show the importance of the structure of the rule of law; 2) to analyze the arguments of both supporters and opponents of the three-tier structure of the logical rule of law; 3) substantiate the two-tier structure of prescriptive norms; 4) determine the status of specialized legal norms and their types; 5) to substantiate the author's vision of specialized legal norms.The author uses a system of methods such as: general philosophical (dialectical-materialistic), general scientific (analysis and synthesis, induction and deduction, etc.), special (philological, etc.), private scientific (formal-dogmatic, interpretation, etc.) methods. Conclusions. The author is not a supporter of the three-tier structure of the logical norm of law. It seems that theory and legal practice should focus on the structure of norms-prescriptions (regulatory and protective), respectively highlighting the hypothesis and disposition and the hypothesis and sanction. As for the specialized norms of law (declarative, norm-principles, definitive, operational), they include such structural components as a supposed hypothesis and a real disposition. Conflict norms as a kind of specialized norms include a real hypothesis and a real disposition. |
| format | Article |
| id | doaj-art-95c5ce49ed4d467cbc0c57229da5af55 |
| institution | Kabale University |
| issn | 2542-1514 2658-4050 |
| language | Russian |
| publishDate | 2021-07-01 |
| publisher | Dostoevsky Omsk State University |
| record_format | Article |
| series | Правоприменение |
| spelling | doaj-art-95c5ce49ed4d467cbc0c57229da5af552025-08-20T03:43:30ZrusDostoevsky Omsk State UniversityПравоприменение2542-15142658-40502021-07-0152456110.52468/2542-1514.2021.5(2).45-61297The structure of logical, prescriptive and specialized legal normsV. V. Kozhevnikov0Dostoevsky Omsk State UniversityThe subject of this article is the norms of contemporary Russian law. The purpose of the article is the author's vision of the problem concerning the structure of the norms of contemporary Russian law. The following tasks were solved to achieve this goal: 1) to show the importance of the structure of the rule of law; 2) to analyze the arguments of both supporters and opponents of the three-tier structure of the logical rule of law; 3) substantiate the two-tier structure of prescriptive norms; 4) determine the status of specialized legal norms and their types; 5) to substantiate the author's vision of specialized legal norms.The author uses a system of methods such as: general philosophical (dialectical-materialistic), general scientific (analysis and synthesis, induction and deduction, etc.), special (philological, etc.), private scientific (formal-dogmatic, interpretation, etc.) methods. Conclusions. The author is not a supporter of the three-tier structure of the logical norm of law. It seems that theory and legal practice should focus on the structure of norms-prescriptions (regulatory and protective), respectively highlighting the hypothesis and disposition and the hypothesis and sanction. As for the specialized norms of law (declarative, norm-principles, definitive, operational), they include such structural components as a supposed hypothesis and a real disposition. Conflict norms as a kind of specialized norms include a real hypothesis and a real disposition.https://enforcement.omsu.ru/jour/article/view/479rule of lawstructure of rule of lawlogical normnorm-prescriptionspecialized normconflict norm |
| spellingShingle | V. V. Kozhevnikov The structure of logical, prescriptive and specialized legal norms Правоприменение rule of law structure of rule of law logical norm norm-prescription specialized norm conflict norm |
| title | The structure of logical, prescriptive and specialized legal norms |
| title_full | The structure of logical, prescriptive and specialized legal norms |
| title_fullStr | The structure of logical, prescriptive and specialized legal norms |
| title_full_unstemmed | The structure of logical, prescriptive and specialized legal norms |
| title_short | The structure of logical, prescriptive and specialized legal norms |
| title_sort | structure of logical prescriptive and specialized legal norms |
| topic | rule of law structure of rule of law logical norm norm-prescription specialized norm conflict norm |
| url | https://enforcement.omsu.ru/jour/article/view/479 |
| work_keys_str_mv | AT vvkozhevnikov thestructureoflogicalprescriptiveandspecializedlegalnorms AT vvkozhevnikov structureoflogicalprescriptiveandspecializedlegalnorms |